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LIABLE Plz read me............

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J

JakeNet

Guest
Mr. Liable,

I noticed in one of the postings that you mentioned something regarding "recording a statement" with a claims adjuster...

why is this such a bad thing? can you actually refuse to be recorded??? and on what grounds??

How can that recording be used against you if you are telling the truth??

Just curious....
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by JakeNet:
Mr. Liable,

I noticed in one of the postings that you mentioned something regarding "recording a statement" with a claims adjuster...

why is this such a bad thing? can you actually refuse to be recorded??? and on what grounds??

How can that recording be used against you if you are telling the truth??

Just curious....
<HR></BLOCKQUOTE>


It's all about "Impeachment" and proper legal guidence:

Yes, you can refuse to have any type of Statement taken by the "opposing side" prior to litigation. You may not refuse your own insurance company's request, however.

Attorneys are experienced to look for statements made by the client which are inconsistent with the information he or she gave an attorney in earlier consultations. Discrepancies must be reconciled immediately to avoid future impeachment.

Attorneys are also mindful to alert the client to the probability that a representative of the adverse party--most likely the insurance carrier--will attempt to obtain a written or recorded statement from the client. The other side has no right to obtain the client's version of the facts at this time and the client should refuse to give the statement without an attorney's advice or in an attorney's absence. We always emphasize that the opponent's motivation is simply to elicit information that can be used to defeat the claim or reduce its value. In litigation, defense counsel can then question the deponent witness on tape about the information contained in his or her "prior statement" and have the depo tape available for use at trial (for impeachment, etc.).

It's not so much a matter of the "truth." It's a matter of "impeachment" as memories fade with time (litigation is a long process) and saying too much. Guidance is necessary. Most large accident cases do move into the litigation stage. Why then, give the opposition "two bites of the apple"? That is, a Statement before litigation can work against a claimant, when that claimant will necessarily be required to endure a Deposition in litigation. Then, that earlier Statement can be questioned at the Deposition, and impeachment may be the result.

For example, at deposition:

Q. Ms. Jones, how fast were you traveling before you entered the intersection?

A. I was moving at approximately 35 miles per hour.

Q. Ms. Jones, do you recall giving the adjuster at National Insurance a recorded statement concerning the facts of your accident, about 8 months ago?

A. Yes.

Q. In that taped Statement, do you recall having said that you were travelling 45 to 50 miles per hour?

A. No, I don't.

Q. I'd like to play an excerpt from that tape recording, Ms. Jones, to see if that might refresh your memory.

[Tape recording is played] "I was going through the intersection at about 45 to 50 miles per hour."

Q. Is that your voice?

A. Yes.

Q. Does that excerpt refresh your memory Ms. Jones?

A. Yes.

Q. Are you aware that the speed limit on Mayberry Street is posted at 35 miles per hour?

A. Yes.

End of Deposition. There is not much an attorney can do to help a client from his or her own "prior statements." They really are a client's worst enemies.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited March 30, 2000).]
 
J

JakeNet

Guest
Thanks for explaining that!

By the way, have you heard of any instances where the attorney or opposing insurance company took a recorded statement and "altered" it? I realize that this is illegal and I'm hoping that it doesn't happen. However is there is a way to get a written record of what they taped so that the person has proof of what they actually said on the recording??

Thanks again!
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by JakeNet:
Thanks for explaining that!

By the way, have you heard of any instances where the attorney or opposing insurance company took a recorded statement and "altered" it? I realize that this is illegal and I'm hoping that it doesn't happen. However is there is a way to get a written record of what they taped so that the person has proof of what they actually said on the recording??

Thanks again!
<HR></BLOCKQUOTE>

My response:

No, in the main, such things do not happen because the risks for, and sanctions concerning, "spoliation of evidence" is too high. You can, on tape, get an agreement between the adjuster and yourself that a copy of the tape and/or a transcript be sent to you immediately (within 30 days is good). For more info, read the rest of what has been happening with "Haley3" which is near to your posting.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by JakeNet:
Thanks four help! You are a good person Liable!<HR></BLOCKQUOTE>

My response:

Thanks, but whether I'm a "good person" or not is not the point. I'm trying to help people with the "state of the law" and good "how to's." But, some people just don't get it, and despite the problems some people are causing themselves, they just don't want to hear it.

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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